Rule 53 Petition for Review

53.1. Method of Review The Supreme Court may review a court of appeals’ final judgment on a petition for review addressed to “The Supreme Court of Texas.” A party who seeks to alter the court of appeals’ judgment must file a petition for review. 53.2. Contents of Petition The petition for review must, under appropriate headings and in the order here indicated, contain the following items:

(a) Introduction. The petition must contain an introduction that identifies the most persuasive grounds for the Court to grant review, which will vary by case, but will often include reference to the substantive legal arguments made in the body of the petition. The introduction must not exceed 1,000 words if computer-generated, and 4 pages if not. The introduction word count must be included within the overall word count and page limit certification.

(b) Identity of Parties and Counsel. The petition must give a complete list of all parties to the trial court’s final judgment. The petition must also give a complete list of the names of all counsel appearing in the trial or appellate courts; their firm or office name at the time of the appearance; and, for counsel currently appearing, their mailing address, telephone number, and email address. If new counsel appears or if any counsel currently appearing changes firm or office affiliation during the pendency of the appeal, lead counsel for the party must notify the clerk by filing a supplemental disclosure.

(c) Table of Contents. The petition must have a table of contents with references to the pages of the petition and must be bookmarked to assist in locating each item. The table of contents must indicate the subject matter of each issue or point, or group of issues or points.

(d) Index of Authorities. The petition must have an index of authorities arranged alphabetically and indicating the pages of the petition where the authorities are cited.

(e) Statement of the Case. The petition must contain a statement of the case that should seldom exceed one page and should not discuss the facts. The statement must contain the following:

(1) a concise description of the nature of the case (e.g., whether it is a suit for damages, on a note, or in trespass to try title);

(2) the name of the judge who signed the order or judgment appealed from;

(3) the designation of the trial court and the county in which it is located;

(4) the disposition of the case by the trial court;

(5) the parties in the court of appeals;

(6) the district of the court of appeals;

(7) the names of the justices who participated in the decision in the court of appeals, the author of the opinion for the court, and the author of any separate opinion;

(8) the citation for the court of appeals’ opinion; and

(9) the disposition of the case by the court of appeals, including the disposition of any motions for rehearing or en banc reconsideration, and whether any motions for rehearing or en banc reconsideration are pending in the court of appeals at the time the petition for review is filed.

(f) Statement of Jurisdiction. The petition must state, without argument, the basis of the Court’s jurisdiction.

(g) Issues Presented. The petition must state concisely all issues or points presented for review and must include appropriate citations to the record demonstrating that the issue was preserved for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included. If the matter complained of originated in the trial court, it should have been preserved for appellate review in the trial court and assigned as error in the court of appeals.

(h) Statement of Facts. The petition must affirm that the court of appeals correctly stated the nature of the case, except in any particulars pointed out. The petition must state concisely and without argument the facts and procedural background pertinent to the issues or points presented. The statement must be supported by record references.

(i) Summary of the Argument. The petition must contain a succinct, clear, and accurate statement of the arguments made in the body of the petition. This summary must not merely repeat the issues or points presented for review.

(j) Argument. The petition must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record. The argument should explain the reasons why the Supreme Court should exercise jurisdiction to hear the case with specific reference to the factors listed in Rule 56.1(a) and why the petitioner should prevail. The petition need not quote at length from a matter included in the appendix; a reference to the appendix is sufficient. The Court will consider the court of appeals’ opinion along with the petition, so statements in that opinion need not be repeated.

(k) Prayer. The petition must contain a short conclusion that clearly states the nature of the relief sought.

(l) Appendix.

(1) Necessary Contents. The appendix must be bookmarked to assist in locating each item and, unless voluminous or impracticable, must contain a copy of relevant materials in the following order:

(A) the opinion and judgment of the court of appeals;

(B) the judgment or other appealable order of the trial court from which relief in the court of appeals was sought;

(C) the jury charge and verdict, if any, or the trial court’s findings of fact and conclusions of law, if any; and

(D) the text of any rule, regulation, ordinance, statute, constitutional provision, or other law on which the argument is based (excluding case law), and the text of any contract or other document that is central to the argument.

(2) Optional Contents. The appendix may contain any other item pertinent to the issues or points presented for review, including copies or excerpts of relevant court opinions, statutes, constitutional provisions, documents on which the suit was based, pleadings, and similar material. Items should not be included in the appendix to attempt to avoid the page limits for the petition. 53.3. Response to Petition for Review A response to the petition for review need not be filed unless ordered by the Court. A petition will not be granted before a response has been filed or ordered by the Court. The response must conform to the requirements of 53.2, except that:

(a) the introduction should identify the most persuasive grounds for the Court to deny review, which will vary by case, but will often focus on the substantive legal reasons that the respondent should prevail;

(b) the list of parties and counsel is not required unless necessary to supplement or correct the list contained in the petition;

(c) a statement of the case and a statement of the facts need not be made unless the respondent is dissatisfied with that portion of the petition;

(d) a statement of the issues presented need not be made unless:

(1) the respondent is dissatisfied with the statement made in the petition;

(2) the respondent is asserting independent grounds for affirmance of the court of appeals’ judgment; or

(3) the respondent is asserting grounds that establish the respondent's right to a judgment that is less favorable to the respondent than the judgment rendered by the court of appeals but more favorable to the respondent than the judgment that might be awarded to the petitioner (e.g., a remand for a new trial rather than a rendition of judgment in favor of the petitioner);

(e) a statement of jurisdiction should be omitted unless the petition fails to assert valid grounds for jurisdiction, in which case the reasons why the Supreme Court lacks jurisdiction must be concisely stated;

(f) the respondent’s argument must be confined to the issues or points presented in the petition or asserted by the respondent in the respondent's statement of issues; and

(g) the appendix to the response need not contain any item already contained in an appendix filed by the petitioner. 53.4. Points Not Considered in Court of Appeals To obtain a remand to the court of appeals for consideration of issues or points briefed in that court but not decided by that court, or to request that the Supreme Court consider such issues or points, a party may raise those issues or points in the petition, the response, the reply, any brief, or a motion for rehearing. 53.5. Petitioner’s Reply to Response The petitioner may file a reply addressing any matter in the response. However, the Court may consider and decide the case before a reply brief is filed. 53.6. Deleted 53.7. Time and Place of Filing

(a) Petition. Unless the Supreme Court orders an earlier filing deadline, the petition must be filed with the Supreme Court clerk within 45 days after the following:

(1) the date the court of appeals rendered judgment, if no motion for rehearing or en banc reconsideration is timely filed; or

(2) the date of the court of appeals’ last ruling on all timely filed motions for rehearing or en banc reconsideration.

(b) Premature Filing. A petition filed before the last ruling on all timely filed motions for rehearing and en banc reconsideration is treated as having been filed on the date of, but after, the last ruling on any such motion. If a party files a petition for review while a motion for rehearing or en banc reconsideration is pending in the court of appeals, the party must include that information in its petition for review.

(c) Petitions Filed by Other Parties. If a party files a petition for review within the time specified in 53.7(a) — or within the time specified by the Supreme Court in an order granting an extension of time to file a petition — any other party required to file a petition may do so within 45 days after the last timely motion for rehearing or en banc reconsideration is overruled or within 30 days after any preceding petition is filed, whichever date is later.

(d) Response. Any response must be filed with the Supreme Court clerk within 30 days after the response is ordered.

(e) Reply. Any reply must be filed with the Supreme Court clerk within 15 days after the response is filed.

(f) Extension of Time. The Supreme Court may extend the time to file a petition for review if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last day for filing the petition. The Supreme Court may extend the time to file a response or reply if a party files a motion complying with Rule 10.5(b) either before or after the response or reply is due.

(g) Petition Filed in Court of Appeals. If a petition is mistakenly filed in the court of appeals, the petition is deemed to have been filed the same day with the Supreme Court clerk, and the court of appeals clerk must immediately send the petition to the Supreme Court clerk. 53.8. Amendment On motion showing good cause, the Court may allow the petition, response, or reply to be amended on such reasonable terms as the Court may prescribe. 53.9. Court May Require Revision If a petition, response, or reply does not conform with these rules, the Supreme Court may require the document to be revised or may return the document to the party who filed it and consider the case without allowing the document to be revised.